Use in Civil Law Countries
| This section needs additional citations for verification. |
Plea bargaining is extremely difficult in jurisdictions based on the widespread legal system known as civil law. This is because unlike common law systems, civil law systems have no concept of plea—if the defendant confesses; a confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant is innocent even though they presented a full confession. Also, unlike common law systems, prosecutors in civil law countries may have limited or no power to drop or reduce charges after a case has been filed, and in some countries their power to drop or reduce charges before a case has been filed is limited, making plea bargaining impossible. Furthermore, many civil law jurists consider the concept of plea bargaining to be abhorrent, seeing it as reducing justice to barter.
Read more about this topic: Plea Bargain
Famous quotes containing the words civil, law and/or countries:
“If we love-and-serve an ideal we reach backward in time to its inception and forward to its consummation. To grow is sometimes to hurt; but who would return to smallness?”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 3, ch. 3 (1962)
“Courts of law, and all the paraphernalia and folly of law ... cannot be found in a rational state of society.”
—Robert Owen (1771–1858)
“[N]o combination of dictator countries of Europe and Asia will halt us in the path we see ahead for ourselves and for democracy.... The people of the United States ... reject the doctrine of appeasement.”
—Franklin D. Roosevelt (1882–1945)